The above-captioned case was scheduled for hearing on November 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Pearson, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Lynch of the Portsmouth Fire Marshals Office.  After review by the Board it was determined that the basement area of this facility should not be considered a story for purposes of determining whether this facility would be covered by the provisions of section 38.3.5.1.  Accordingly, the Board determined that the matter was moot.  
FINDINGS OF FACT
The Board finds that this facility is classified as a business occupancy with industrial and storage incidental to the business.  The Board further finds that this facility is occupied as a plumbing business that sits on a basement constructed totally of concrete including the ceiling.  With the exception of a stairwell, the basement has a two-hour rating.  The stairwell has a door that leads directly to the outside and a 1  hour rated door that opens onto a garage area of the first floor.  The Board further finds that the first floor of the rest of the building exits to grade and that the basement area is utilized only for the storage of plumbing supplies of low and ordinary hazard and that this level would be infrequently occupied.  Finally, the Board notes that the Portsmouth Fire Department supports the owners request for relief from sprinkler and municipally connected fire alarm requirements.  The Board finds that the above additional requirements would be necessary if the facility is more than two (2) stories in height above the basement.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby determines that the above described basement of this facility is not a story and therefore relief from the sprinkler and fire alarm requirements is not necessary at this time.  Accordingly, the Authority Having Jurisdiction may approve the facility as is.
STATUS OF DECISION AND APPEAL RIGHTS

	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board.  Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board. (See:  Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of 
the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].